DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/851)

AUSSIE FORM WORK PTY. LTD. / CFMEU COLLECTIVE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 3 APRIL 2017

Application for approval of the Aussie Form Work Pty. Ltd. / CFMEU Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Aussie Form Work Pty. Ltd. / CFMEU Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 April 2017. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry, Mining and Energy Union, the applicant sought approval of the Aussie Form Work Pty. Ltd. / CFMEU Collective Agreement 2017. The dispute arose from the negotiations between the Union and the employer, Aussie Form Work Pty. Ltd., regarding the terms and conditions of employment for workers in the construction industry. The application was heard by the Fair Work Commission of Australia, which is responsible for overseeing and approving collective agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the provisions of the collective agreement complied with the requirements set out in the Fair Work Act, specifically whether it provided for fair and reasonable terms of employment, and whether it met the standards of procedural fairness in its negotiation. The Commission had to assess if the agreement appropriately balanced the interests of the employer and the employees and if it contained provisions that were fair and reasonable in all respects.

The Fair Work Commission found that the collective agreement met the necessary standards for approval. The agreement contained provisions that were fair and reasonable, taking into account the nature of the work and the industry. The Commission noted that the agreement provided for adequate protections for employees, including provisions for wages, hours of work, and other conditions of employment. Furthermore, the Commission was satisfied that the agreement was negotiated in good faith and that the procedures followed during the negotiation process were fair and transparent. Consequently, the Commission approved the collective agreement.

The Fair Work Commission ordered that the Aussie Form Work Pty. Ltd. / CFMEU Collective Agreement 2017 be approved and registered under the Fair Work Act 2009. This approval ensures that the agreement will govern the terms and conditions of employment for the workers covered by the agreement, and it will be binding on both the employer and the employees until it is superseded by a new agreement or by law.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established